Jason Paul Pierre sues ESPN

[rurahrah000]

http://www.usatoday.com/story/sport...s-espn-schefter-for-posting-records/80894832/

Unbelievable that this idiot posts the actual medical report on twitter including the guy's medical record number. I cant believe the fine for this is only $15,000. It should be at least 10x that amount. Should be a slam dunk case. Of course this is no news on ESPN front page or their NFL front page.

 

[rurahrah000]

 

[jay_hq]

He wont get fired by ESPN though.

He will mysteriously leave ESPN to run for senate in Texas..... and lose.......

 

[KingHigh]

Does espn have a duty to protect the privacy of Jason pierre Paul's medical records?

 

[RUChoppin]

Does espn have a duty to protect the privacy of Jason pierre Paul's medical records?

It would really depend on how they "obtained" them, I'd think.

If they used some sort of deception/coercion to get them from the medical facility - posing as a family member of part of the medical staff, for instance - they might have some liability. If someone in the hospital just leaked them info and they published it, probably not - unless there's something in the player's contract that stipulates confidentiality of certain types of information with regard to the media deals made with the NFL.

 

[SteveVA2]

HIPAA covers medical providers.

 

[RUChoppin]

HIPAA covers medical providers.

Well, he could totally sue the medical provider - but ESPN isn't a medical provider.

 

[Babybull244]

Schefter is a complete idiot and should pay through the nose but how do all these leagues & teams get around these Hipaa laws with all these injury reports?

Do all these players have to sign waivers?

Or do they just make up the injury report out the air - like Wright last year went on 15 day DL for a hamstring and turns out his back was blown out.

 

[vkj91]

Schefter is a complete idiot and should pay through the nose but how do all these leagues & teams get around these Hipaa laws with all these injury reports?

Do all these players have to sign waivers?

Or do they just make up the injury report out the air - like Wright last year went on 15 day DL for a hamstring and turns out his back was blown out.

Why should he pay through the nose? He has no legal obligation to keep someone's health status a secret. Do you get upset when someone breaks a story about player x having a concussion?

 

[RU Cheese]

I thought how and from who AS obtained the records / information is protected legally. I'm no lawyer but have watched law and order.

 

[knightfan7]

Schefter is a complete idiot and should pay through the nose but how do all these leagues & teams get around these Hipaa laws with all these injury reports?

Do all these players have to sign waivers?

Or do they just make up the injury report out the air - like Wright last year went on 15 day DL for a hamstring and turns out his back was blown out.

I would imagine its part of the contract between the NFL and Player's Union.

 

[RUChoppin]

I thought how and from who AS obtained the records / information is protected legally. I'm no lawyer but have watched law and order.

Only if he wasn't breaking the law to do it. If a reporter robs your house to steal your diary and publish it... they're still guilty of theft, if you can prove it. He may say "I won't reveal my sources"... but you can say "I have video of you in my house". Shefter wouldn't have to reveal anything (either to protect his source, or himself) - but that doesn't mean he didn't commit a crime.

 

[dmurph24]

Well, he could totally sue the medical provider - but ESPN isn't a medical provider.

Although some of their programming is recognized as a cure for insomnia.

 

[MURF87]

Although some of their programming is recognized as a cure for insomnia.

To wit: Any NBA game.

 

[albanyknight]

Typically, the public release of medical records is a no no. However, this is the NFL where injury reports are a feature of every NFL pre-game show. The NFL clearly violates anti-trust laws yet continues to be wildly popular.

The fine is a minor slap on the wrist to get a minor nuisance to hopefully go away.

 

[fbc1866]

I can't imagine he has a case, the NFL reports on injuries as a normal course of business.

 

[MrsScrew]

I am more interested in hearing if he sued the hospital &/or it's employees for releasing the information to ESPN in the first place. I'm not sure that ESPN had the legal obligation to keep this information private, but they certainly had a moral obligation. This is really on the hospital and the employee who took the photos of the OR schedule and the pick list for instruments. (as a former OR nurse I know exactly what I'm looking at there)

 

[knightinaz]

I am more interested in hearing if he sued the hospital &/or it's employees for releasing the information to ESPN in the first place. I'm not sure that ESPN had the legal obligation to keep this information private, but they certainly had a moral obligation. This is really on the hospital and the employee who took the photos of the OR schedule and the pick list for instruments. (as a former OR nurse I know exactly what I'm looking at there)

According to this article there was a lawsuit that was settled along with the firings

http://www.miamiherald.com/news/health-care/article58721533.html

 

[beaced]

I thought how and from who AS obtained the records / information is protected legally. I'm no lawyer but have watched law and order.

BUT,did you sleep at a Holiday Inn Express after the show?

 

[RUChoppin]

I am more interested in hearing if he sued the hospital &/or it's employees for releasing the information to ESPN in the first place. I'm not sure that ESPN had the legal obligation to keep this information private, but they certainly had a moral obligation. This is really on the hospital and the employee who took the photos of the OR schedule and the pick list for instruments. (as a former OR nurse I know exactly what I'm looking at there)

That really is the bigger issue.

The questions are - did AS or ESPN pay someone at the hospital ahead of time to go and take these pictures? Did AS or ESPN have someone not on hospital staff go into the hospital take these pictures? In either of those scenarios, ESPN/AS could be liable. If someone did this on their own and then sent it to AS, he is under no legal obligation that I know of to hold it back (unless there's something in the broadcasting contract between ESPN and the NFL)

 

[j10oreo]

is $15k all he can get for this?

 

[Babybull244]

The NFL provides the Injury report for only one reason & that is gambling. They don't want people paying for supposed inside information on a player injury that could impact a game.

But I think most of it is made up anyway - supposedly Belichick only puts healthy guys on the Injury report and the injured guys he leaves off.

As for Schefter - he is some sort of a reporter i guess. Why didn't he just write a story - why does he have to post a private medical document???
Cause he is a scumbag.

 

[RUforJERSEY]

To wit: Any NBA game.

Speaking for yourself of course.

 

[cicero grimes]

That really is the bigger issue.

The questions are - did AS or ESPN pay someone at the hospital ahead of time to go and take these pictures? Did AS or ESPN have someone not on hospital staff go into the hospital take these pictures? In either of those scenarios, ESPN/AS could be liable. If someone did this on their own and then sent it to AS, he is under no legal obligation that I know of to hold it back (unless there's something in the broadcasting contract between ESPN and the NFL)

Yes, this exactly. how the records were obtained is the relevant question here.

 

[rurahrah000]

I can't imagine he has a case, the NFL reports on injuries as a normal course of business.

But they don't post the medical file including details on the procedure for public.

 

[Babybull244]

ESPN is a cesspool of suspect reporters/bloggers and should be smacked the F down.
imo

 

[WhiteBus]